How much FMLA leave for unwed parents?

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

A. Generally speaking, two employee parents of a child may be limited to a total of 12 weeks of FMLA leave by their same employer. However, this limitation is based on the parents being married to each other.

The 12-week combined limitation on leave to care for a healthy newborn child after birth does not apply to unmarried parents who are both employed by the same company. Each parent is eligible for a separate FMLA leave.